Blacks Law Dict. 1st ed

SUITORS' DEPOSIT ACCOUNT

1136

SUMMARY PROCEEDING

SUMMARY, adj. Immediate; peremp tory; off-hand; without a jury; provisional; statutory. SUMMARY ACTION S. In Scotch law. Those which are brought into court not by summons, but by petition, corresponding to summary proceedings in English courts. Bell; Brown. SUMMARY CONVICTION. The con viction of a person, (usually for a minor mis demeanor,) as the result of his trial before a magistrate or court, without the intervention of a jury, which is authorized by statute in England and in many of the states. In these proceedings there is no interven tion of a jury, but the party accused is ac quitted or condemned by the suffrage of such person only as the statute has appointed to be his judge. A conviction reached on sucb a magistrate's trial is called a "summary con viction." Brown. SUMMARY JURISDICTION. The jurisdiction of a court to give a judgment oi make an order itself forthwith; e. g., to com mit to prison for contempt; to punish mal practice in a solicitor; or, in the case of jus tices of the peace, a jurisdiction to convict aD offender themselves instead of committing him for trial by a jury. Wharton. SUMMARY PROCEDURE ON BILLS OF EXCHANGE. This phrase refers to the statute 18 & 19 Viet. c. 67, passed in 1855, for the purpose of facilitating the remedies on bills and notes by the pre vention of frivolous or fictitious defenses. By this statute, a defendant in an action on a bill or note, brought within six months after it has become payable, is prohibited from defending the action without the leave of the court or a judge. See 2 Steph. Comm. 118, note; Lush, Pr. 1027. SUMMARY PROCEEDING. Any proceeding by which a controversy is settled, case disposed of, or trial conducted, in a prompt and simple manner, without the aid of a jury, without presentment or indictment, or in other respects out of the regular course of the common law. In procedure, proceedings are said to be summary when they are short and simple in comparison with regular proceedings; i. e., in comparison with the proceedings which alone whould have been applicable, either in the same or analogous cases, if summary pro ceedings had not been available. Sweet.

SUITORS' DEPOSIT ACCOUNT. Formerly suitors in the English court of chancery derived no income from their cash paid into court, unless it was invested at their request and risk. Now, however, it is pro vided by the court of chancery (funds) act, 1872, that all money paid into court, and not required by the suitor to be invested, shall be placed on deposit and shall bear in terest at two per cent, per annum for the benefit of the suitor entitled to it. Sweet. SUITORS' FEE FUND. A fund in the English court of chancery into which the fees of suitors in that court were paid, and out of which the salaries of various officers of the court were defrayed. Wharton. SUITORS' FUND IN CHANCERY. In England. A fund consisting of moneys which, having been paid into the court of chancery, are placed out for the benefit and better security of the suitors, including in terest from the same. By St. 32 & 33 Viet, c. 91,§4,the principal of this fund, amounting to over £3,000,000, was transferred to the commissioners for the reduction of the nation al debt. Mozley & VVhitley. SULCUS. A small brook or stream of water. Cowell. SULLERY. A plow-land. 1 Inst. 5. SUM. In English law. A summary or abstract; a compendium; a collection. Sev eral of the old law treatises are called "sums." Lord Hale applies the term to summaries of statute law. Burrill. SUMAGE. Toll for carriage on horse back. Cowell. Summa caritas est facere justitiam singulis, et omni tempore quando ne cesse fuerit. The greatest charity is to do justice to every one, and at any time when ever it may be necessary. 11 Coke, 70. Summa est lex quse pro religione facit. That is the highest law which favors religion. 10 Mod. 117,119; Broom, Max. 19. Summa ratio est quse pro religione facit. That consideration is strongest which determines in favor of religion. Co. Litt. 341a; Broom, Max. 19. SUMMARY, n. An abridgment; brief; compendium; also a short application to a court or judge, without the formality of a full proceeding. Wharton.

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